We have a new deadline for the 50, er, 43-state foreclosure fraud settlement. It’s not July Fourth or Labor Day or Halloween, but now Christmas. More holidays have been selected for the target settlement date than have been selected for vignette-laden films directed by Gary Marshall. But this time, Tom Miller means it!
The deal, which Miller has been trying to negotiate since March, would release the five servicers – Ally Financial, Bank of America, Citigroup, J.P. Morgan Chase, and Wells Fargo – from legal claims on past home loan servicing and foreclosures. The deal would not prohibit individuals from suing the banks, or government prosecutors from suing banks over issues related to the packaging of home loans into mortgage-backed securities.
In return the banks will agree to pay for what Miller calls “substantial principal reductions” for homeowners who are underwater, and agree to a set of mortgage servicing standards, interest rate reductions, and cash payments to some homeowners who’ve alrady [sic] gone through foreclosure.
“If what I’ve described is going to happen, this is the only way that it’s going to happen,” Miller said. “The banks aren’t going to do this on their own. The Congress is not going to be able to enact standards like this. The states can’t do it either.”
Yes, because only Tom Miller can bring the banks to heel. Look how he’s done so far!
There actually is another entity that can force banks into fair dealing and transparency with borrowers, and even mass reductions in principal or loan modifications. That would be the courts. This is the avenue used by Catherine Cortez Masto in Nevada, after a prior deal on loan modifications with Bank of America amounted to nothing. The Nevada Attorney General sued BofA and, recognizing that banks have not even stopped the robo-signing for which Miller wants to give them a broad liability release, indicted mid-level employees for falsifying documents to county recording offices. The grand jury transcripts in that case, against Gary Trafford and Geraldine Sheppard, have been released, and they show an undeniable pattern of criminality among the document processing companies that feed foreclosures into the system. Local news in Las Vegas has a great story on this:
The workers, who were employed at Lender Processing Services (LPS) under Gary Trafford and Geraldine Sheppard, admitted to forging signatures on tens of thousands of notices of default.
Most blamed fear of unemployment for their decision to forge signatures and break the law. One notary said she needed to keep her job while getting through graduate school, another said he had a family to support [...]
A criminal investigator for the Nevada Attorney General’s office said that out of tens of thousands of documents from LPS that his investigation of the fraud examined, an overwhelming majority seemed suspicious.
“It’s hard to find [a document] that you wouldn’t be suspicious of,” the investigator said, adding that legitimate documents from the company seemed to be the exception instead of the rule.
It wasn’t just the signatures that were fraudulent. According to the investigator, some of the forged documents contained information that had not been verified by those signing them. This sometimes led to the wrongful foreclosure of houses because of the innacuracies [sic].
“We’ve had individuals who said ‘I was never late in my payments, but yet my house has been foreclosed on,’” he said.
It doesn’t make sense that this would be the end of the line for Masto’s investigation, especially as she just announced a partnership with Kamala Harris in California to investigate foreclosure and mortgage fraud. One of the witnesses before the grand jury testified to getting locked out of her home without being notified of a foreclosure action, the home having been sold without her knowledge, and with her belongings still inside. Many of the belongings were eventually stolen. It’s the wild west out there, and the litigation has just begun.
In another case in a sand-state ground zero for foreclosures, Florida, the state Supreme Court resurrected a case that was actually dismissed by both parties due to a settlement, because of the implications for foreclosures throughout the state:
The high court’s ruling came in a foreclosure filed by the Bank of New York Mellon. The defendant, Roman Pino, alleged the bank filed a forged document to deceive the court. He asked the judge to penalize the bank by denying it any right to foreclose on the mortgage.
The judge denied his request because the bank had voluntarily dismissed the complaint. The 4th District Court of Appeal affirmed that decision but asked the Supreme Court to rule on the issue, certifying it as a “question of great public importance.”
Pino eventually settled, but the majority on the court wants to rule in the case, which could lead to greater clarity in the law on foreclosing based on faulty documents.
There’s another case in California regarding servicer-driven default, where Bank of America simply misclassified payments to make it look like the borrower was paying taxes and insurance through them (the borrower paid it on its own). This is fraud embedded into the software of the servicers, as they seek defaults and foreclosures for purely financial reasons.
So Tom Miller can schedule holiday-based deadlines for settlements all he wants. These lawsuits will not stop until the banks stop the criminality. And there’s a sense that judges are finally turning the corner and seeing this fraud for what it is.




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Justice requires that the people at the top of the mortgage scams are jailed. The institutions that encouraged the criminal mortgage enterprise need to be severely financially penalized. The people who lost or are losing their homes to the mortgage vultures ought to be awarded their homes free and clear.
“Justice requires that the people at the top of the mortgage scams are jailed.”
Absolutely. This fraud was not initiated by the “mid-level employees” who have been indicted: it was a policy that came down from above.
Anthony Mozillo are you listening?
Yes. It. Does.
And yet, everyeone, and I mean EVERYONE (even those you may consider heroes in this saga) refuses to go there.
Oh sure, some are willing to fine the companies way more dollars. Some are willing to get homeowners way more money.
But NOT A ONE of those in position to actually do it have mentioned CEO’s doing perp walks.
I don’t give a shit how much you fine a company or jail it’s middle players. Fines and middle players are easily replaced. Nothing is going to change until CEO’s start doing perp walks.
And I don’t even want to hear “How can the CEO be responsible for such and such so far down the chain” when those same CEO’s claim they’re such hot shit for the company that they need millions and billions in salary in bonuses.
You want the pay, you get the responsiblity pal.
CEO’s doing the perp walk. That’s the ONLY thing that has a chance of ensuring this won’t happen again. Cause when new, incoming CEO’s fear for their asses, they’ll institute a culture of following the law, trust me.
Headline gave me biggest laugh of the day. And there have been plenty of chuckles today, in a graveyard humor kinda way.
The more I read of your comments the more I approve of them. I just don’t know if and when anything will really happen to penalize the real criminals and scalawags involved. I miss the “old west” days when we wouild give people a fair trial and then hang ‘em. That type of swift justice was a real deterrent.
Then you should get a similar chuckle from last weeks headline at NHK “Japan to assist Turkey in Nuclear development”
OTOH, one would think finding the actual “robo-signers” and getting them to “roll over” on their bosses would be like shooting fish in a barrel. Give ‘em immunity and free pizza and have several legal pads at the ready.
Not to be a buzz kill but “the old west” only lasted for a short time and the biggest horse thieves in Tombstone were the Earp brothers.
Remember one of them already committed “suicide”
Actually, it HAS been a pretty amusing week by recent standards. Hard for the comedians and political pundits to keep up with it all. Hell, the Iranians “hijacking” our “stealth UAV drone” with a remote control device they bought on eBAy from Guthy-Renker alone kept me in stitches last night. And, today, Perry’s OWN people telling him his recent TV ad blasting gays in the military was “NUTS” cause me to spill my diet Dr. Pepper all over last months financials.
Be careful there you sodbuster. Thge Earps are heroes of mine. I’m not sayinbg they weren’t crooked. Just that I LOVE that movie and Frankie Lane singing that song….”OK..Corrall….OK Corral…..
Isn’t miller now a part of an ongoing criminal conspiracy to defraud those who have been defrauded and he belongs in prison for violating his oath of office. Lock that bastard up
Sorry. That was very sad.
Many years ago I was watching “My Darlin Clementine” with my Dad and my older brother brought out a book detailing how the Earps were as crooked as “Freecreditreport.com” and my Dad blew a gasket and was depressed for weeks after.
Yep, you’re right. That’s actually better than the one on this post.
I feel so much better now that I’ve passed into the 6th or 7th stage of grief: laughing at the tragedies.
You don’t understand how immunity works. Only the top guy gets it so he can turn in the whole bunch below him and prosecutor gets to hold a big news conference about how the whole network was rolled up. Then prosecutor files papers to run for AG, having guv filing papers prepped in his drawer for 4 years later.
Speaking of comedians, little story (true).
I get my internets from Comcast, and as such my email, and therefore my homepage is Comcast.net.
Every Tuesday through Friday(except following days when there is no TDS) when I go to these nets, the first screen I see includes a little XFinity portion near the bottom where you can click and watch various programs. And every day forever (or at least as long as I can remember) the choices included The Daily Show and The Colbert Report. That’s how I watch The Daily Show, well almost daily.
Except yesterday. Yesterday there was only The Colbert Report and some other program had replaced TDS. WTF I thought??? Mayby John Stewart is on vacay and there was no show??? NEVER has I seen The Colbert Report but NOT the Daily.
Well, I found out there was a TDS the day before. And in it John Stewart concentrated on…. the bill the Senate passed giving the government the authority to arrest and detain American citizens, in America, forever without any right to a lawyer or being charged with a crime, etc.
And he highlighted it in a way that only John Stewart can, which was both funny AND informative and left the viewer wondering WTF is America doing???
And THAT’s the day it doesn’t show up as an option for Comcast subsribers to choose to see. I’d bet lots of dollars to only a few donuts that’s NOT a coincidence. Our media tries every little trick it can to keep info it doesn’t want out there from getting out.
Assholes.
There’s something in my mythbusters bathroom book about frontier justice. Forget what the real reality is. If I feel like it, I’ll go downstairs & fetch the book & type it in. Alternatively, maybe I can look in the book online while sitting right here.
I think it has something to do with the Wild West not being as violent as the myth.
LOL
I hope that was meant as a joke :-)
Meanwhile David has an alternative way to get principal reductions out of the Banks outside of a settlement – we will use the courts!
I need to get the popcorn if judges are going to invent a right for the judiciary to control, rather than interpret prior laws on such control, on how businesses deal with those that owe them money and refuse to pay.
Should be interesting.
Meanwhile a small company commits fraud -Lender Processing Services (LPS) under Gary Trafford and Geraldine Sheppard, admitted to forging signatures – and the Banks that used them will be taken over by the courts – OK – right.
I’m going to need butter on that popcorn.
A small company INVENTED BY THE MORTGAGE SERVICERS (i.e. banks).
You forget one little, very important detail.
Unless you actually believe that corporations going to the trouble of setting up separate entities to do their dirty work for them really shouldn’t be held accountable.
Oh, and the bullshit about courts making law instead of interpreting it…
FRAUD has been on the books as a crime for centuries. No need for the judges to do anything of the sort you mentioned.
That’s in Illinois, right????
Which movie??
I liked Kevin Costner as Wyatt Earp, but I preferred the Val Kilmer version of Doc Holliday. Weren’t they different movies??? Didn’t Randy Quaid play Doc Holliday in the Costner film??
Ugh, maybe my memory is wrong again.
These suits are against the servicers and the companies foreclosing on delinquent borrowers. You might not like Mozillo and Countrywide for what you believe to be issues with loan origination, but is he implcated in the fraudulent foreclosure processes? I have not seen that to be the case, so link please.
While I am in favor of holding servicers and lienholders to the letter of the law on the foreclosures, I am also for holding delinquent borrowers liable for loans they entered into.
NYS, X2, except the first time around, the banksters took umbrage and caught him with his pants down.
How exactly can our AG take away our right to sue the bank?
Even when victims of fraud??? Nice.
Also, too, they ARE being held liable. Declaring bankruptcy has a cost and is being held liable. Whenever anyone makes a loan, they know that there’s always a possibility of not getting their money back. And having their homes foreclosed is being held liable.
And when someone is told in person one thing but the 500 pages of shit one is required to sign has a paragraph, subparagraph, clause, backslash sub-sub paragraph that says something else, such as say the borrower is told in person it’s a fixed rate loan and then discover if certain conditions are met on certain days in certain ways that it shifts to an ARM and thus their payments go up drastically, sometimes even doubled, then NO, the person in the wrong there is the lender, NOT the borrower.
With no TV or radio, people got their news and entertainment through newspapers and books. Of course, the more entertaining both were, the better they sold. Accordingly, much about the west was exaggerated and even fabricated. One train robbery by Butch and Sundance became 4 or 5. Jesse James kiss one guy who was cheatin’ at cards. Several months later he’s offed 5 gunslingers. How much is true, nobody knows.
But the Clantons and their gang were positively scum and the Earps and Doc Holliday did us all a favor by gunnin’ them scalawags down at the OK Corral in Tombstone. Ask anybody…….:-)
Yeah, I wondered that too.
I thought it required an act of Congress. Like they did when they took away our right to sue telecomm companies for illegal wiretapping.
comcast AKA the devil incarnate
OFG, as good as both those movies were, I am talking about the ORIGINAL movie, “Gunfight at the OK Corral” with Burt Lancaster and Kirk Douglas. .
DENNIS Quaid played Doc in the Kostner film and deserved an Oscar for that performance, but didn’t get one. He lost 20 pounds to play the sick from TB dentist turned gambler and gunfighter.
Oh, Dennis, sorry, my bad. My memory sucks.
I still liked the Val Kilmer Doc Holliday better. Can’t remember the title of that film. I think the Costner one was called “Wyatt Earp” but I can’t recall the name of the other one.
Val Kilmer played Doc Holiday in the Kurt Russell film “Tombstone” and did a very credible job IMO. But Dennis Quaid was spectacular in Kostner’s “Wyatt Earp”.
Many don’t know that Wyatt Earp lived a long time into the 20th century with his former prostitute girlfriend.
I did not say when victims of fraud in taking out the loan, did I?
And just as when someone makes a loan they know there is a risk they will lose their investment, so it is when the borrower loses their home. As far as the “500 pages” thing, every state now mandates a single page that details how the interest rate can change, when it can change, and the risks associated with it. These docs have been dumbed down to the point where every person who wants to understand what they are signing can understand what they are signing.
Most of the people trying to hang on to their homes through this robo-signing technicality are in default and SHOULD lose their homes but won’t because of the same little sub sub paragraph backslash BS that you are saying is a “gotcha” for the lender.
That’s part of the moral hazard issue as sure as it applies to the “banksters’” bailouts.
OFG, if you didn’t see the original movie, then you’re not as O as you think you are.
What planet do you live on? Everyone knows that when “someone” (aka bankster) doles out a bad loan, taxpayer must rescue him.
Bullshit. The only way they’re the same is that in both cases it’s the LENDER committing the fraud. Not making clear the terms in person is a fraudulent attempt to get an ARM loan instead of a fixed rate one. And in the robo-signing examples it’s once again the lender committing fraud by filing false documents with the courts.
In both instances it’s the lenders that are the assholes, not the borrower.
And also, too, when folks lost their job through no fault of their own because of the great depression CAUSED BY THE BANKSTERS then it is fitting if they do indeed get to keep their homes. The moral hazard here is not making the banks pay for all of their fraud which guarantees it will continue.
And the fact the banks were responsible for the crash AND got bailed out while the homeowner that lost his job wasn’t responpsible for that then the banks should be forced to eat part or all of the loans. They got billions and billions of our money, it’s only fitting if it some it trickles down to homeowners and former homeowners.
Good point.
They really do operate risk free.
Assholes.
Full Disclosure: I do NOT have any mortgage at all. This will NOT affect me. My house is paid off so it’s not like I’m here advocating for myself. I just believe that’s what should happen. The banksters created fraud from one end of the transaction to the other AND crashed our whole economy AND held us hostage to get ransomed with a bailout.
John Q. Public that lost his job through no fault of his own deserves something from these assholos. The whole country does. The whole world does.
I don’t live on the upper west side, Rose, but I do live in the same planet as you. ‘course I’m not the one advocating mass human extinction.
I did not agree with the bailouts but that does not absolve people of their financial obligations.
This has Obama’s prints all over it. Indemnify the fraud, and force the victims to prove how it happened based on paperwork they don’t have.
To me, this still looks like Obama is doing everything he can to insulate the banks at the expense of bank victims.
JUSTICE is what America wants and is NOT getting. The BIG BIZNESS gangs are laughing in our faces.
The banks are scams top to bottom. Even knowing that I got sucked into one of their games. Its a long story, but when I figured the game out and confronted my banker about it, he just smiled in my face, which pissed me off even more. I told him to fuckem self and withdrew my money. He didn’t care, most of these creatures are heartless bloodless vampires.
~
anyone (if ever offered) who agrees to “reduced interest rates under certain circumstances” and anyone who accepts a “cash payment” for being thrown out of their home will (of course) have to agree to hold harmless and promise to never never litigate their issue with the institution that provides the taxpayer-funded-buy-off…example, GMAC/Ally is 74 percent owned by you and me, folks -
brilliant obama style wave-a-few-pennies-at-the-poor-”folks” (as obama often referrs to people he intends to never be in the same room with) banker protecting solution
in the pocket, led by the nose, amoral lickspittle sychophant to the rich and larcenous, obama is
You, my dear, are a know-nothing. I observed the tricks done to well-meaning, if eager, people who were convinced that they really must, must, must refinance while they could. Criminal. That’s all.
How many times do I get to flag your ignorance and pomposity?
That was, of course, aimed at Give ‘Em Shit. Whatever.
Totally agree, if I may add one more thing. They should loose all their personal belongings.
Totally agree, but hell will freeze before that happens.
Yeah that whole personal responsibility thing is such a crock.
~
spoonsucker reveals he’s a rube who believes that members of the FIRE industry have ever given a shit about so-called ‘personal responsibility’ -those mother fakers need government to back stop their greedy gambling to make a single dime…its called fascism, look it up
-dumbass likely ‘believes’ the slavedriver’s dictum re: free markets, too
hilarious!
Point to a single post where I have defended the banks, d-bag. But I don’t believe in debt amnesty and letting people shirk their responsibility for bad decisions either.
Class envy, jealousy and finger-pointing by the progs on this board are all rooted in a failure to take responsibility for one’s own decisions in life. It’s never your own decisions that put you where you are and where the 1% find themselves. It’s always a conspiracy by the banksters, evil corporations, big government and the Tri-lateral commission, right?
Several folk on ‘progressive’ radio today were attempting to insert the theory that if corporations aren’t people then the responsible people within said corps could not be prosecuted. Sounded very suspicious to me but I heard it on several programs. Who sez ‘progressives’ don’t have talking points – at least on radio they do.
(I listen so you don’t have to.)
~
ok – I hear you & i understand, as you make a great deal mentioning it, that you are all moral about so-called debts -you must have missed that i was making fun of you because you cling to the delusion that that we (poor people & by that i mean you and me) are held to the same standards of legality and morality as them (rich people)
I understand the logic you are using – but its apples and oranges. just trying to help here- in america there is governace of the poor and governace for the rich, simple fact. look up the commodities and futures modernization act, a law that requires that these businesses cannot be regulated
I have to mention that I too think that everyone should be held to the same exact standards and (really) I applaud your commitmment to fairness. But unfortunately, that is not the world we live in. I ask, can you get a loan for .25 percent? or will the government buy your credit card or mortgage debt from you at full value, just to make your bank account more balanced? I know 5 insolvent banks that are getting these ‘deals’ today
“Point to a single post where I have defended the banks”
Since when is evidence required to make accusations against people you disagree with?
Seriously, maybe I can cut this short:
Does anyone disagree that banks and mortgage companies that used fraudulent or deceptive practices should be punished?
Does anyone really think that there have been zero legitimate foreclosures? Givethemspoons never said victims of fraud should lose their homes: that accusation is just typical Liberal knee-jerk response to less than total validation.
Perhaps I’m mis-reading Givethemspoons (side joke: I thought there was no spoon?), but it seemed to me his objection was to people who were NOT defrauded jumping on the victim bandwaggon for a free ride.
Am I wrong in thinking that reasonable people on both sides would agree to punish fraudsters and compensate the defrauded, but also require borrowers not defrauded to adhere to the terms of the legitimate contract?
Actually, I get 0% loans all the time through the use of my credit cards, “12 months same as cash” financing on purchases, etc. all it takes is being credit-worthy and financially smart.
Ok, I understand that the banks got away with murder during the bailout, and I think uncle Sam should own Citibank and a couple of its brethren by now. But pushing for the fall of capitalism won’t change what happened. And oldfatguy and peasantparty would rather see this country destroyed than allow you and me to succeed through our own hard work. Their solution is a wholesale re-leveling of the economic landscape by confiscating wealth and ludicrously-high taxation on the 1%, justified by labeling every person well-off financially as an oppressor, a greedy evil-doer and/or some sort of member of the lucky sperm club.
It’s not that simple. Every person on welfare is not lazy, nor is every rich person th devil. But the progs on this broad would have you believe so.
~
I appreciate your trying to take the tone down a little here.
But, I am very reasonable and I belive that the insolvent banks should be nationalized and that we should embark on a massive debt forgiveness program for middle class and poor americans. In the example I gave in my actual comment above- GMAC/Ally 74% owned by the taxpayers right now, and this is the bank that ceased giving loans to americans in MA less than 24 hours after they were sued by the courageous AG/MA Coakley. the insolvent, taxpayer $ sucking, society killing ‘private enterprises’ can be brought to heel, one way is called glass stegal – my way is called the bank of north dakota.
~
good for you using the marketing promos of banks to your advantage
and good for you recognizing that good can come from the drive for enterprise. I believe that good can also come from the inspiration for altruistic advancement.
But history teaches that it has always been the coddeling of private individuals by a nanny state that has created the most wealth in the USA, from land grabs at the expense of americans in the early days, to protecting monopolies, not applying enforcement and gifting tax benefits at the expense of taxpayers today – there are 2 systems in the USA.
I agree with you though, think of the massive and unprecedented societal gains that could come from true free enterprise if we actually had it in America – let’s work to make that happen. But in the mean time, debt forgiveness, WPA, nationalized banks and a progressive (yes, that means I’m a socialist) taxation system. We can tax the rich to save the poor – in 1960 the tax rate for the richest Americans was 90 percent, in 1980, it was 70 percent, and all of those mirror-room conservatives say that they want to return to the good ol’ days
The remedies for Fraud are in the common and statutory law – and reduction in principle is not one of them.
As to setting a company that does fraud on the banks orders – I have not seen proof of that.
Yeah. Everybody knows they were more into whores than horses. (Not that there’s anything wrong with that.)
BTW, Tombstone, w/Kurt Russell and Val Kilmer, is my fave version of the story. Fuck Frankie Laine.
Jesse James was gay? (Not that there’s anything wrong with that.)
I think we are discussing something more serious here.
_________________
Foreclosure Fraud
New monitor in town? Actually, we were discussing that more serious thing two days ago. Where were you when it counted? Actually, we’ve been discussing that more serious thing very seriously here for at least two years, and I’ve been one of the most serious about it, as it impacts my work as both a lawyer and a trader. But we try to maintain our sense of humor around here, even as we discuss the impending end of civilization. One might have thought you could find a more gracious way to manage your debut here than by barging in and condemning banter among friends and regulars. Still, welcome to the Lake. Everybody gets a second chance here.